So, was Cheryl Cole sacked from the US version of X Factor because of her regional accent? Much has been debated in the press as to whether her ejection from the show was discriminatory action by the producers, or indeed a reasonable decision if viewers were struggling to understand her - thus not performing her duties as an expert judge. Then we understood that she was possibly making a return (since re-buffed) - was Simon Cowell making the biggest u-turn of 2011 to avoid further negative PR or had he realised (too late?) that he may be viewed at home in the UK as a racist?
Employment expert Holly Dobson explains why Geordies and other regional groups are protected in the UK.
"Someone with a strong regional accent is likely to come from a distinct racial group and therefore gains a "protected characteristic under the Equality Act."
"Racial groups are protected from discrimination: sacking someone with a strong regional accent could well land an employer with a discrimination claim so the Cheryl Cole star sacking should be avoided over here. Unlike the (current) qualifying period of 1 year to gain unfair dismissal rights there is no minimum qualifying period for discrimination claims." warns Holly.
Employers should also be aware that the law has been strengthened so far as protection from harassment is concerned.
Checklist
To avoid a claim:-
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Don't make a decision to hire or fire based on a strong accent
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Avoid teasing or making joking references to a strong regional accent
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Tactfully stop any such tendencies with other employees.
For more information on discrimination, or any other employment issues, please contact Holly Dobson on 0114 266 6660 or email [email protected].
